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since 1985 practicing as advocate in both civil & criminal laws

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Saturday, October 13, 2018

application(s) for suspension of sentence/for grant of bail has/have been rejected = there are cases involving the appellants prior to the incident and the accused are otherwise facing trial in those cases.- one of the accused arising out of the same FIR has been released on bail by order dated 06.02.2018 passed by a Coordinate Bench of this Court in SLP (Crl.) No. 6482 of 2017. 5. For all the above reasons, we are of the view that the appellants should be released on bail during the pendency of the appeals before the High Court.

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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S). 1277-1278 OF 2018
[@ SPECIAL LEAVE PETITION (CRL.) NOs. 4565-4566 OF 2018]
PINKU ETC. Appellant (s)
 VERSUS
THE STATE OF UTTAR PRADESH Respondent(s)
WITH
CRIMINAL APPEAL NO(S). 1279 OF 2018
[@ SPECIAL LEAVE PETITION (CRL.) NOs. 5587 OF 2018]
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. The appellants are aggrieved since their
application(s) for suspension of sentence/for grant
of bail has/have been rejected by the High Court.
Their appeals filed in the year 2007 are still
pending consideration before the High Court. There
is no dispute that the appellants are in custody
since 2005.
3. On a specific query, the learned Additional
Advocate General appearing for the State has
submitted that there are cases involving the
appellants prior to the incident and the accused are
otherwise facing trial in those cases.
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4. We are also informed that one of the accused
arising out of the same FIR has been released on bail
by order dated 06.02.2018 passed by a Coordinate
Bench of this Court in SLP (Crl.) No. 6482 of 2017.
5. For all the above reasons, we are of the view
that the appellants should be released on bail during
the pendency of the appeals before the High Court.
Accordingly, these appeals are allowed with a
direction that the appellants be released on bail,
subject to such strict conditions as may be imposed
by the trial court, in case they are not otherwise
required to be detained in connection with any other
case. Ordered accordingly.
.......................J.
 [ KURIAN JOSEPH ]
.......................J.
 [ S. ABDUL NAZEER ]
New Delhi;
OCTOBER 11, 2018.